Results for "Ato Forson trial"
69 results.
Opinion
Unmasking the Scope of Jurisdiction of a Court and Avoiding Judicial Journalism – A Look at Anas A. Anas v Kennedy Agyapong
The article examines the scope of a court's jurisdiction and the limits of judicial commentary in the context of the Anas A. Anas v. Kennedy Agyapong case. It discusses whether a trial judge overstepped by making defamatory statements and c...
Bobby Banson
Opinion
Vehicles Do Not Commit Crimes: Registered-Owner Liability, the Presumption of Innocence, and the Legality of TRAFFITECH-GH
The article challenges the legality of Ghana’s TRAFFITECH-GH system, arguing that registered vehicle owners cannot automatically be held criminally liable for traffic offences committed by others. It contends that such liability violates th...
Albert Gyamfi Esq.
Opinion
‘Article 71’ Office Holders and Retiring Emoluments, When Ex Gratia Meets Nemo Dat Quod Non Habet, Russia-Ukraine War, and during Debt Exchange – Reflections of a Citizen, Not a Spectator!!!
The article explores the subject of ex gratia paid to Article 71 office holders and questions its relevance under Ghana's socioeconomic situation and the legal principle of Nemo Dat Quod Non Habet
Frederick Gurah Sampson
Opinion
Seeking Default Judgments over Declaratory Reliefs Under Ghana Law - Navigating the Procedural Nuances
In this article, the author discusses the procedural nuances on proceeding in a suit for declaratory reliefs where a Defendant defaults in taking a step, discusses some judicial decisions in this regard, explore the options available to suc...
Frederick Gurah Sampson
Opinion
Legal Vacation Without ‘Vacation.’; The Plight of ‘ORAL ’ Lawyers and the Infringed Rights of the Accused?
The article examines the controversy over substantive criminal trials continuing during Ghana’s legal vacation, particularly where defence lawyers have indicated that they are unavailable. It argues that although the Chief Justice has autho...
Frederick Gurah Sampson
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
Opinion
Fidelity to the Law or to the Public: Patricia Asieduwaa v The Republic, A Test Case for Judicial Independence in Ghana
This article argues that judicial independence requires unwavering fidelity to the law rather than public sentiment, especially in high-profile criminal cases. It defends the appellate reduction of Patricia Asieduwaa’s sentence as legally s...
Albert Gyamfi Esq.
Opinion
Presumption of Innocence Undermined: How Ghana’s 2018 Criminal Disclosure Regime Violates The Rights To Silence And Innocence; A Case For A Two-Phased Case Management Regime in Criminal Trials
This article argues that Ghana’s 2018 Criminal Disclosure and Case Management Practice Directions, though aimed at efficiency, fundamentally undermine the presumption of innocence and the right to silence by compelling premature defence dis...
Sedinam Awo Kwadam
Opinion
Default Judgment and the Doctrine of Estoppel Per Rem Judicata; A Legal Conundrum in Order 10 Rule 6 & Order 13 Rule 6(2) of the High Court (Civil Procedure) Rules, 2004 (C. I 47)
Default judgement is an interlocutory application. It is not a final judgement in its strict sense. Any anything default is not final in a legal sense. Res judicata on the other hand is mostly applied when decisions of the courts are final....
Derick Adu-Gyamfi
Opinion
To Plead Or Not To Plead Guilty? An Appraisal of Plea Bargaining In Ghana.
The article appraises plea bargaining in Ghana, focusing on its development under the Criminal and Other Offences Procedure Amendment Act 2022, Act 1079. It explains the types of plea bargaining, its historical context, and its implications...
Gloria Teye
Opinion
Trial In Absentia And Legal Implications Of Sentences Imposed On Absconding Offenders Under Ghanaian Law
"If Sedina Christine Tamakloe Attionu is able to escape for the next ten years, her sentence would elapse and she cannot be punished again to serve another jail term for the same offence." Find out why!
Daniel Korang
Opinion
Committal proceedings in trials on indictment in Ghana: Its relevance in contemporary times
Trials on Indictment are the only form of trial where committal proceedings are conducted. Generally trials on Indictment are reserved for more serious offences and are characterized by more formality. The author discusses its origins and e...
Gloria Teye
Opinion
Plea bargaining in Ghana: The Inception of Act 1079
This article focuses on what plea bargaining is, the position of the Ghanaian criminal law on plea bargaining prior to Act 1079, the enactment of Act 1079, the benefits of plea bargaining, proposed implementation for plea bargaining as well...
Nana Ama Dankwaa Kessey Adinkrah
Opinion
Arguing points of law under the omnibus ground of appeal; The decision in Owusu Domena v Amoah
"The omnibus ground of appeal is the oft-quoted “the judgment is against the weight of evidence”... Discover the reasons advanced for why this may lead to delays in the process
Derick Adu-Gyamfi
Opinion
The Role of a Criminal Case Complainant in Ghana
From the genesis of the modern state, the prosecution of an accused person has been the preserve of the State and not the victim or complainant. This is because crime is considered a wrong or injury against the State as a whole.Thus, compla...
Selasi Kuwornu
Opinion
Raising Legal Objections and the Role of the Judge
The author, a Circuit Court Judge, Ofaakor expertly discusses the matter of Objections raised in courts and offers practical insights for Judges to observe
H.H Malcolm, Ewoenam Bedzrah Esq.